How Long Does DUI Stay on Record
How long does DUI stay on record?
Driving under the influence (DUI) can be a serious offense. How long does DUI stay on record depends on many different factors. The impact of being convicted of a DUI is far reaching. When people think about DUI, they typically think about losing their driving privileges and higher insurance rates. The arms of a DUI conviction reach past license suspension and auto insurance rates. To answer the question how long does DUI stay on record, will depend on many different factors such as state laws, number of offenses, and any injuries incurred.
State/Criminal Records
Most states have adopted the Federal guideline of a maximum blood alcohol concentration (BAC) of .08 percent as being legally under the influence and therefore it is against the law to operate a motor vehicle with a BAC of .08 percent or higher. For persons under the age of 21, most states consider a person with a BAC of .02 percent legally under the influence. Some states carry a zero tolerance policy and no person under the age of 21 may legally operate a motor vehicle immediately after consuming alcohol. Any person convicted of a DUI should be prepared to have the DUI on record for a minimum of three years.
Each state has different laws on how long a DUI stays on record. As previously mentioned, the minimum amount of time is three years and the maximum is for good. This means the DUI never leaves record. Some states mandate seven years and others have ten years for first time offenders. There are also some states that increase the penalty based the number of offenses committed. For example, in Florida, a second DUI conviction will stay on record for five years and a third and any subsequent conviction ten years. In Florida a DUI will be on record for 75 years if bodily injury or death of another occurs.
Most states consider the first time offense for DUI a misdemeanor. The misdemeanor may become a felony if multiple offenses have been committed. This is something to consider. Depending on state disclosure laws, the DUI will stay on record for ever. Some states have non-disclosure laws that stop the DUI from being included in background checks. How long a DUI stays on insurance and driving records also depends on where the DUI happens.
Driving/Insurance Records
Each state will have a certain number of points added to the driving record for a DUI. Typically points are removed every three to five years. Individual state laws may vary. Insurance companies will check driving records before issuing insurance policies. A DUI will stay on insurance policies for the amount of time it stays on the driving record. Another DUI associated record is Form SR-22. This is mandated in most states and is required to be filed for the amount of time established by the state.
How long a DUI stays on record is dependent on many different factors. The main factor is individual state laws. State laws can mandate a length of time of three years or for good. Not only does a DUI stay on state records, it will also show up on driving, criminal, and background records. Some states do block a DUI from showing up on certain records. This is based on the state’s non-disclosure policies.
